How long can a business come after you to recoup money regarding a denied insurance claim?

UPDATED: Oct 1, 2022

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How long can a business come after you to recoup money regarding a denied insurance claim?

I have a mammography clinic which I have been going to for 10 years trying to collect money 2 years after the appointment, the company has now sent me to collections. I gave my insurance card, the company billed my insurance, which then paid the claim. Then for some reason, 2 years later, the insurance company recouped its money, so the clinic came after me for the money. Can they do that?

Asked on March 21, 2019 under Insurance Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can: if they were not paid by insurance (e.g. insurance took the money back), you are responsible to pay for your treatment. Their claim against you is considered one arising in or coming out of contract: out of the agreement that they would be paid in exchange for treating you. The statute of limitations, or time within which to sue, in your state for a claim arising in contract is at least 5 years, which means they have at least 5 years from the appointment to take legal action to recover the money. Therefore, they are well within time to "come after you."

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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